Calcutta High Court Weekly Round-Up 19th-25th February, 2024

The Calcutta High Court on Thursday granted bail to journalist Santu Pan, who was arrested while reporting live from Sandeshkhali, in West Bengal for Republic TV on 19th February.

According to reports, the state authorities had alleged that the journalist was arrested for outraging the modesty of a woman by entering her home while reporting. These charges were however denied by the journalist, who claimed that his arrest came since he was 'exposing the truth' in Sandeshkhali.

The bail was granted by a single bench of Justice Kaushik Chanda. Republic TV has hailed the decision of the Court as a 'vindication' on their official YouTube channel.

The Calcutta High Court on Thursday, directed for the reclassification of a plea moved by the Vishwa Hindu Parishad as a public interest litigation, and for it to be placed before the regular bench having determination over PILs.

The Court also orally called on the State to consider renaming the lioness called 'Sita' who was a worshipped goddess among Hindus, to avoid controversy. Upon being told that the lioness at Alipore zoo was called 'Sruti', the bench orally remarked:

"These are the uncontroversial names. Will you name a lion after a Hindu deity, a Muslim prophet or Christian god or freedom fighter or nobel laureate? Generally anyone who is revered or respected by the people of our country?"

Consumer Forum Cannot Assume Jurisdiction When Special Statue Prescribes Arbitration; Calcutta High Court Set Aside West Bengal State Commission Order

Citation: 2023 LiveLaw (Cal) 52

Case Title: The Secretary, E & NF Railway Junior Co-operative Credit Society Limited, Eastern Railway vs Sri Jyotish Chandra Sarkar & Anr.

The Calcutta High Court single bench of Justice Prasenjit Biswas held that consumer forum cannot assume jurisdiction when a special statue prescribes for arbitration and designates a forum for adjudication of disputes. It held that a special law takes precedence over a general law.

The Calcutta High Court on Monday, allowed a plea by BJP MP and Leader of Opposition, Suvendu Adhikari to visit the affected area in Sandeshkhali, West Bengal, from where there have recently been reports of alleged violence and assault on women.

Live Law had earlier reported on a suo moto motion taken up by the Calcutta High Court regarding the aforesaid violence, as well as an order staying the declaration of Section 144 CrPC in the area.

In the present plea, a single bench of Justice Kausik Chanda, allowed the plea moved by Adhikari and permitted him to visit the area subject to certain conditions. It held:

The petitioners will be allowed to visit Sandeshkhali Gram Panchayat under Sandeshkhali Block –II on February 20, 2024. The petitioners, within 9:30 p.m. of this date, shall submit their proposed plan of visit along with the route map before the local police station. The petitioners shall also file an undertaking before the local police station not to engage in any activities that may lead to deterioration of the law and order situation in the locality. The State may deploy required number of security personnel to ensure that no untoward incident takes place during their visit.

OTHER DEVELOPMENTS

Will Mask Identity Of Real's Fruit Juices In Video: YouTuber Dhruv Rathee Tells Calcutta HC In Alleged Disparagement Claim By Dabur

Case: DABUR INDIA LIMITED v. DHRUV RATHEE AND ORS

Case No: IA NO. GA/1/2023 In CS/41/2023

The Calcutta High Court on Monday heard submissions by the counsel for YouTuber Dhruv Rathee, who had been in the eye of controversy last year, for uploading a video pertaining to Dabur's 'Real' Fruit juices on his YouTube channel, subscribed by over 14 million users.

In his video, Rathee analyzed the health effects of ready-to-serve fruit juices and alleged that their consumption lead to type 2 diabetes, and hair loss, asking his subscribers to not consume such products. When the video was released, Dabur claimed disparagement of their 'Real' trademark since Rathee had only partially blurred their trademark in his video.